Section 125 Cr PC – Maintenance to a woman who is not legally wedded wife but living with a person as wife and husband for long period – Madhya Pradesh High Court
Trial Court found that the applicant and the respondent – woman were living as husband and wife for considerable long time as also woman has given birth to a child. On this finding, the trial Court granted maintenance at Rs.1,500/- per month to a woman who had lived with the applicant.
HELD that the term “wife” to include even those cases where a man and woman have been living together as husband and wife for a reasonably period of time and strict proof of marriage should not be a pre-condition for maintenance under Section 125 Cr PC so as to fulfil the true spirit and essence of the beneficial provision of maintenance under Section 125.
In those cases where a man who lived with a woman for a long time and even though they may not have undergone legal necessities of a valid marriage should be made liable to pay the woman maintenance if he desertes her. The man should not be allowed to get benefit from the legal loopholes by enjoying the advantages of a de facto marriage without undertakings duties and obligations.
Order dated 2.4.2024 in Misc. Criminal Case NO.30262 of 2023 of Shailesh Bopche Vs. Anita Bopche (MP High Court at Jabalpur)
